The Practice (1997–2004): Season 7, Episode 18 - Capitol Crimes - full transcript
Jimmy, Eugene, and Sarah Barker go to a death penalty hearing held by a committee of prosecutors who have decided to ask for the death penalty for one of the firm's clients. The committee recommends life in prison without parole to the client, but the Attorney General still attempts to go for the death penalty. Bobby has dinner with Sarah, and Sarah claims he is starting an affair. Bobby and Lindsay's marriage takes a turn for the worse when Lindsay tells him that she doesn't love him. Lindsay says that she still wants their marriage to work out. Bobby kisses Sarah, and Lindsay sees.
DOLE: Previously
on The Practice...
Why are you so angry?
DOLE: For pretending that
my husband's in love with me
when I know he's not.
Lindsay, for God's sake.
Of course I love you.
DOLE: Bobby,
when I started my own firm,
I think I was beginning
a process.
Process?
Of leaving you.
Oh, gee.
Oh, I'm sorry.
Bobby!
Oh, my God. Sarah?
How are you?
DONNELL: I'm great.
I thought you left Boston?
Well, I'm back.
Uh, DC summers
were too hot
and I'm at Wickham now,
private practice.
Wickham?
BARKER: Yes.
Well, that's a good firm.
BARKER: It is.
Bobby, what's going on?
Why are we having coffee?
Well, like you said,
to catch up and...
BARKER: Let's catch up then.
How's your marriage?
If you have
to think about it,
maybe you shouldn't be
having coffee
with a woman
you used to sleep with.
I'm very faithful.
Then maybe
you should make use
of this free time
and spend it with your wife.
(cellular phone rings)
Yo.
Zee.
No, it's not like that.
Look, I'm just saying things
are slow out here.
It's not an excuse.
I just...
(sighs) Yeah, I hear you.
No.
Hey, you'll get your money,
all right?
(gunshots)
(music playing)
REPORTER: But they believe
the shooting was drug-related.
The suspect, only 19 years old,
was arrested trying
to flee the scene.
In fact, police say
the Dorchester teen
was still holding
the murder weapon.
Police have identified
the victim
as 36-year-old Lauren Hayes.
Hayes,
a single mother of three,
was reportedly
walking her son to school.
As for the--
When did we get appointed?
The judge called
at 7:00.
Eugene and Jimmy
left an hour ago.
Helen Gamble drew the case.
Great.
REPORTER:
According to eyewitnesses,
the suspect, Troy Ezekiel,
just brandished the gun
and began firing.
It was an accident.
Slow down.
EZEKIEL: You need
to find Willie Brand.
He was the guy
I was shooting at.
I never meant
to hit that lady.
YOUNG: It really doesn't matter
who you were shooting at Troy,
if you--
He was gonna kill me.
That matters!
It matters to me.
Who was going to kill you?
Willie Brand.
He said if I sold
on his corner one more time,
he was gonna cap me.
Now, you need
to be chasing his ass down
instead of sitting here.
I don't need to be chasing
anybody's ass down.
So, this was
a drug-territory thing?
Yes.
Oh, what?
Did he reach for a gun
or point one at you?
What did he do?
Nothing.
But I wasn't about to wait.
He was gonna do it.
I know.
YOUNG: Okay.
No talking in the courtroom.
We'll meet here right
after the arraignment.
32777 Commonwealth
vs. Troy Ezekiel
on the charge of murder
in the first degree.
Excuse me, Your Honor,
but my client
hasn't been brought in yet.
Where is he?
DICKSON: I can answer that.
I apologize for the late notice,
Your Honor.
I'm Todd Dickson
from the Justice Department.
Troy Ezekiel
is now in federal custody.
What?
Since when?
A few minutes ago.
U.S. Marshals
just took him.
Again, I apologize
for the last-second confusion.
Took him on whose authority?
Judge Manella
of the United States
District Court for Boston.
She issued a writ
early this morning.
Is there a new charge?
Murder in the furtherance
of a drug enterprise.
And drug trafficking within
a thousand feet of a school.
Did you know about this?
Of course
I didn't know.
Did you see
my expression?
There are murders all the time
in that neighborhood.
The federal government
has never stepped in.
Jimmy, figure it out.
There can only be
one explanation.
Which is?
(sighs)
What can
the federal government do
that the state can't?
Oh, God.
What?
They can execute.
They're going
for the death penalty.
The death penalty?
Well, they haven't filed yet.
But we think
that's what this is about.
Hold on. They're gonna kill me
over an accident?
YOUNG: Oh, you did
kill somebody.
The fact that it was
the wrong person--
Why the hell
aren't you on my side?
Let's get something straight.
I'm your lawyer,
not your friend.
Now I remember you.
You came to my school
on some career-day crap.
You were cocky then,
and you still are.
Pity I didn't know better.
Look how we turned out.
I should've been
more like you.
You wanna see how tough you are
without a gun?
Go ahead.
Second thing
to get straight.
You a punk.
Drug dealer, murderer, punk,
which makes my job tougher.
But I'm gonna do my job
all the same.
All I need for you
is to do yours,
which basically means
to keep your mouth shut
and do as I tell you.
(music playing)
They're really going
for death?
Yes.
They are.
BARKER: What happens is
they form an Ad Hoc Committee.
Basically, what they do
is they walk around the office,
grab four
or five prosecutors,
whoever's there.
And that committee
decides whether or not
to go for death?
Pretty much.
The U. S. Attorney
makes a short presentation,
and then they vote.
Simple as that.
Sometimes they even do it
over sandwiches.
The problem is once they decide,
Bobby is right,
you can't appeal it.
Do we get to address
this committee?
Do you have the right to? No.
But sometimes they will invite
defense lawyers in
to hear what they have to say.
How do we get
such an invitation?
You cross your fingers.
Thank you.
Any other way?
DONNELL: Like someone
who used to work
in the justice department
could make a phone call?
Please.
This kid is a criminal,
no doubt,
but he doesn't deserve death.
I'll make a call.
Thank you.
Could I have a second
with Bobby?
What are you doing?
What?
Why am I here?
Because we needed--
BARKER: You don't have
any other connections
to the justice department?
Believe it or not.
No.
Mmm.
Hey.
Hey.
Um, Lindsay Dole, my wife.
Sarah Barker.
Hi.
Nice to meet you.
Do you want me
to wait or--
DONNELL:
Um, no, no.
I think--
We're done.
We're done. Yes.
DONNELL:
Thank you again for--
Everything I've done.
Yes.
Well, I will let you know
what the committee says.
Nice to meet you, Lindsay.
You too.
You okay?
Me?
You seem a little on tilt.
Oh, um, death-penalty case.
I'm a little rattled.
Ah.
Too rattled to eat?
No, no.
Let's go eat.
STRINGER: If you think about it,
these are exactly the criminals
they should execute.
How do you figure that?
STRINGER: Well,
if the death penalty exists
as a deterrent,
this is where it would be
the most effective.
You know, if people
get the message
you get careless
with a gun--
I think we should
just deport them.
He's an American, Lucy.
So what?
You kill somebody,
you lose citizenship.
Boom. Done.
What's wrong with that?
Hi.
Hi.
They're right in there.
Thank you.
Okay, you've got
your invitation.
10:00 tomorrow morning.
Thank you.
BERLUTI: Is there
a certain procedure or--
Not really.
The prosecution goes first,
then you.
Expect to get
about 10 minutes.
Now, look, don't waste it
arguing the elements.
The committee assumes guilt.
They assume
a first-degree conviction.
Their role is only
how to punish the convicted.
You mean what punishment
to recommend.
It's the jury who decides.
The jury may decide, Jimmy,
but if you look
at their track record,
when the feds ask for death,
they almost always get it.
YOUNG: Which means if we're
to save this kid's life--
You need to do it here.
DONNELL: What about
administrative rules?
I don't think you understand.
They pluck five prosecutors,
they put them in a room,
and they decide.
No rules,
no evidentiary procedure,
no due process.
You just make
the best case you can
that this kid deep down
is an angel.
We better get to work.
I'm still stuck on the why.
Why go after this kid?
BARKER: It isn't the kid, Jimmy.
It's the Commonwealth.
Ashcroft is trying
to bring the death penalty
into all of the States
that don't have it,
and Massachusetts
is on the top of his list.
So he's hauling state
murder cases into federal court?
YOUNG: Like I said,
we better get to work.
Thank you.
BARKER: No problem.
DONNELL: Sarah,
we really appreciate this.
Well, good luck with it.
You're gonna need it.
Listen, uh,
it's gonna be
a late night here,
and I don't know
if you have plans, but...
you wanna grab some dinner?
The reason
this is so important.
We have no defense.
The kid he was shooting at
it turns out
he had no weapon.
None of the witnesses saw him
make any threatening gestures
towards your son,
and Troy himself
told the police
that he didn't see him
reach for a gun.
So he's going to be convicted?
I'd be lying
if I said I thought otherwise,
which means
we need to convince them
not to go
for the death penalty.
A, because their decision
isn't subject to appeal,
and B, when they go
for the death penalty,
they usually get it.
My God.
My God.
YOUNG: Look, I'm not even sure
the committee will agree
to hear from you.
But if they do--
I did the best I could.
Troy's older brother,
he got into drugs.
Troy just followed suit,
I guess.
But I tried.
I tried.
(music playing)
DONNELL: So, now we're
in therapy and--
I don't know.
I hope it helps, but...
hello?
I'm here.
Well, maybe
you can say something.
Okay. I can't believe
we're sitting here,
doing this.
How's that?
Doing what?
We're having dinner.
Oh, we're having dinner.
Okay.
What do you think
we're doing?
Bobby, this is foreplay.
Excuse me?
BARKER: Well, we did 10 minutes
on my lousy marriage,
20 minutes
on how your wife
really doesn't
understand you.
This is foreplay
for infidelity.
It isn't even original.
I have no plans
for being unfaithful to my--
BARKER: Yes, you do.
You're probably too good
of a guy to actually do it,
but just allowing
for the possibility.
You're wrong.
I'm having dinner
with an old friend,
period.
Fine.
DONNELL: You know,
you make it seem like
I'm trying to orchestrate
something here,
but here you sit.
BARKER: You brought me out
on a case.
DONNELL: Which doesn't obligate
you to dinner,
but here you sit.
Okay, you're right.
I plead guilty.
So, you're up, Bobby.
I made my admission.
I'm here because I find it
a little exciting
to be having dinner with a man
I used to make love to.
I'm not innocent.
What's your story?
I'll tell you your story.
You feel lonely.
You feel Lindsay's responsible
for that loneliness,
and so that somehow justifies
you going out to enjoy
some simple company
with a friend.
Lindsay shut you out.
She drove you
to this dinner in a way.
Isn't that the way it goes?
Of course, you'd never let it go
anywhere with me,
because you're faithful.
It's a friendship,
completely innocent.
If anything were
to happen, well,
it would have to be me.
Always was a bit
of a risk-taker, that crazy me.
You're safe, Bobby.
I'm not sure
it's what you want,
but you're safe.
This will be a dinner,
nothing more.
Once you get the names
of the committee members,
call me.
I'll give you the rundown.
Okay.
This is me right here, 207.
(sighs)
Again,
thanks for all your help.
My pleasure
and thank you for dinner.
If you're ever single again,
call me.
I don't have plans
to be single again.
Good night, Bobby.
Night.
(car door opens)
(car door closes)
(music playing)
Did you kiss her back?
No!
And she didn't really kiss me.
It was just
a good-night--
Why were you having dinner
with her?
I don't know.
You all say I crave isolation.
I think a part
of me needed--
WASHINGTON: Don't give me
that crap!
You're just looking
to pop your hot dog.
Rebecca.
"I'm lonely,
I'm misunderstood? "
Why are you even
telling me this?
I'll tell you why.
You're looking to clear
your little conscience
and not get caught.
You should be telling Lindsay
if you're angry, not me,
and certainly
not that slut Sarah.
Everything's just black
and white with you, isn't it?
This is.
You don't go having dinner
with ex-girlfriends.
You're married.
(projector clicks)
DICKSON:
This is how Troy Ezekiel
looked that morning.
This is the man
who killed Lauren Hayes,
not the cleaned-up version
they brought in here today.
What you're getting now
is a copy
of Mr. Ezekiel's rap sheet.
It shows two convictions
for cocaine possession.
Those were misdemeanor arrests?
The first one, that's correct.
And as you can see,
he was given a break.
Instead of jail,
the court ordered treatment.
Eighteen months later,
he was arrested again.
This time with twice
the amount of drugs.
And again, he was allowed
to plead to a misdemeanor.
How long did he serve?
Ninety days,
which was light
given that he was already
a seller.
Mr. Dickson,
let's get to the crime, please.
DICKSON: This map shows
the path taken by the defendant.
As you can see,
he started firing at will here.
His intended target,
a rival dealer,
managed to get away
without being hit,
but not before the defendant
emptied his clip,
shooting 11 rounds
onto a crowded street
less than two blocks away
from a school.
He didn't care
who or what he hit.
She was 36 years old.
She had three children
she supported alone.
She was a good woman,
a good mother,
gone now and forever.
Lauren Hayes
didn't deserve to die.
Troy Ezekiel does.
This is Lauren Hayes' son.
I'd like you
to hear from him.
Did it go that well?
They heard from the son.
The son?
Of the victim.
It was pretty
devastating.
YOUNG: Bobby, Sarah Barker,
could you persuade her
to join our defense?
What?
Why?
YOUNG: Well, one problem
we have,
Dickson knows
all the committee members.
They're colleagues.
Jimmy and I are just
your basic defense attorneys.
We have no real credibility
with them.
We thought since Sarah
used to work in that office--
DONNELL:
That was many years ago.
YOUNG: Even so,
it couldn't hurt.
And right now,
things don't look good.
Could you ask her?
WASHINGTON: I don't think
that's a good idea.
No, I don't. Uh-uh.
YOUNG: Well, I do.
Bobby, we need some help here.
I mean, if she could just
so much as be at our table.
You're joking.
DONNELL: It wasn't my idea.
I promise you it wasn't.
Well, exactly
what do they want me to do?
Just join them.
Be in the room with them.
This wouldn't be you
inventing a way
to be in a room with me?
I give you my word.
No.
This comes from Eugene.
You know a lot of these
committee members.
It might help.
We don't want to hear
from his father.
Why not?
Mr. Young, this committee
is already indulging you
just by allowing you
to be here.
You heard
from the victim's son.
Why can't--
McNALLY: Look,
if you wanna give Troy
a chance to speak, fine,
but we're not going to turn this
into a hearing.
We're just asking
for two minutes.
The time for his father
to talk would be at sentencing.
We're just asking for--
The answer is no, Counsel.
You said you'd be willing
to hear from Troy?
Briefly.
Let us do that then.
Hold on.
Give us a short break
to talk it over.
I don't need to talk that over.
Eugene.
A short break.
It's insane
to let him talk.
We'd be offering up
free discovery.
That's why they're willing
to hear from him.
We might as well gift wrap
the conviction.
Eugene...
you need to work on your tone.
Now, normally,
I would agree.
But here,
the conviction is a done deal.
He opened fire
on a crowded street
in front of witnesses.
The victim couldn't possibly
be more sympathetic,
and his own statement
to the police supplies
motive and intent.
There's nothing to lose here
and his life to gain.
This is the problem
when you bring me in
on things, guys.
I have opinions.
(knocks on door)
Lindsay, hey.
Hey. What's up?
Nothing.
I just thought I'd, uh...
say hi.
Oh.
Hi.
It's, you know,
since we don't work
side by side anymore,
I thought that could be
one of the reasons that...
I just thought it'd be good
to check in with each other
during the day.
Oh.
Good idea.
(sighs)
You know,
I try to come in and connect,
and you give back
nothing, Lindsay.
Can we talk about this
at home?
But we don't talk at home.
By the time we get Bobby
to bed and--
(sighs)
(door slams)
Dealing is the first thing
I was ever good at.
I never used.
I never skimmed
from the bosses.
I made more money
than any other corner.
I was so good at it
I started having problems.
What kind of problems?
Competition problems.
Some of the other dealers
got word
that I was making
big numbers,
so they started coming around
giving me trouble.
So you thought your life
was in danger?
No. I knew it was.
I know these people.
They don't play around.
So I called a friend,
and he fixed me up with a 9.
The next day I saw Willie.
I swear,
I never meant to kill
that lady.
When I saw what happened,
I couldn't even breathe.
I'm sorry.
I don't know
what else to say.
McNALLY: You've been
a drug dealer
for the last four years?
Yes.
You've been arrested
more than a dozen times.
Well, the fact
that he was arrested
doesn't prove
he did anything.
It proves your client's
a career criminal, Mr. Young.
He started at possession,
then escalated to sale,
and now he's graduated
to murder.
That was an accident.
McNALLY: Yes.
You killed the wrong person.
I understand.
You were trying to kill
somebody else.
No, I already told you that
I didn't have a choice.
It seems to me you had a choice
to walk away from that corner.
If you were worried
about your safety,
why didn't you quit?
I don't know.
Look...
Mr. Young told me
I need to be honest,
and I'm doing that.
I'm guilty.
I killed that woman,
and it was wrong.
I know I got no excuses.
I chose my life.
But I don't think
that it's unfair to say
that I didn't get a lot
of breaks
in my life.
It was hard growing up.
It was hard ever since.
I'm 19 years old.
I know that I made a lot
of mistakes.
And I know I got to pay
for what I did,
but I just don't think
I should have to die for it.
Yeah, maybe I got no right
to say that.
I'm just asking you...
I'm just asking you to...
I'm just asking you
to give me a chance.
(music playing)
Lindsay.
Hey. What's Bobby up to?
Why are you asking me?
I, I, I mean,
what makes you think
he's even up to something?
I mean, I, I haven't
noticed him
being up to something.
Anybody here think
Bobby's up to something?
See? Nobody.
Is he here?
He's in his office,
but I don't think
he's up to anything.
Listen.
I know you're trying
to make an effort.
And, um...
it's been months,
you know, and--
Lindsay.
You're not in love with me.
You can say it.
I love you, Bobby.
But, I don't know.
It's just--it seems with,
with everything
that I've been through,
I, I guess I feel..
a little emotionally depleted.
And what little I have
I give to our son,
and...
it seems...
I have nothing left.
You said that in starting
your own firm.
you were beginning a process
of leaving me.
Where are you in that process?
I want us to make it.
I so desperately
want us to make it.
(music playing)
DICKSON: Personally,
I'm tired of the smug morality
of death-penalty opponents.
It's easy to be for life.
What's tough is to stand
for what's right.
What's hard is to do
the dirty work
of dealing with those
who have no regard
for the lives of others.
We blame poverty
for their crimes,
the fact that their parents
didn't love them enough,
the media.
We even blame ourselves.
We've become so weak
and morally uncertain
that we can't even
come together
to punish those who kill us.
Today,
I stand
for the silent dead.
Lauren Hayes can't speak
for herself,
but her blood cries out.
Do justice to Troy Ezekiel.
He took her life,
her future,
all that she was
or will ever be,
and he took even more than that.
He took her sons' futures.
He sentenced them
to a life of foster homes,
and uncertainty,
and pain.
Make no mistake,
there was more than
one victim there.
Those boys are victims, too.
Like me, you men
are prosecutors.
Our duty is to protect
society.
Executing Troy Ezekiel
will affirm that we as a people
are prepared to bear
any ethical burden
and bear any moral cost
to defend our citizens
and our way of life.
God help us.
If we're not strong enough
to do that anymore.
Up until now you've heard
mainly from Eugene Young.
I'd like you to hear
from me now.
Personally,
I've always been
pro-death penalty.
In the last few years,
I've switched.
Mainly on grounds
of humanity,
but also on grounds
the reality that the system
is so fundamentally flawed.
More than a hundred
death-row inmates
have been cleared
and released.
Who knows how many
innocent people
we've killed.
Mr. Berluti,
for the sake of this hearing
we assume guilt.
And even if we didn't,
are you really
suggesting to us
that Troy Ezekiel
is innocent?
I'm suggesting to you
that the system
of capital punishment
is broken.
How people get on death row
is suspect,
and it's suspect here.
How so?
This is politics.
The fact is
if we had a Democrat
in the white house,
none of us
would be here today,
not on these facts,
especially in a state
that doesn't have
the death penalty.
But now everything
is different.
Under this administration,
we do it all the time.
We've sought more executions
in the last six months
than Bill Clinton did
in the last eight years.
What kind of system allows
that to happen,
where the same crime,
the same criminal
is treated differently
based on who's in office?
One gets to live,
one gets to die.
I'd advise you to excise
the political
commentary, Counsel,
and just stick to Troy Ezekiel.
The death penalty
is the greatest
punishment we have.
It's reserved for the most
vicious criminals.
It's the remedy we use
for the worst of the worst.
That's not Troy Ezekiel,
and you know it.
He needs to be punished.
He's ready for that.
That's why we came here today.
That's why Troy answered
all your questions
and in the process,
guaranteed himself a conviction.
He knows his life
is in your hands.
The decision the five
of you make today
is about much more
than the fate of my client.
It's about the character
of this committee.
It's about the integrity
of this system.
He's a boy.
You can't seek to kill him
and tell me politics
isn't in play.
(music playing)
How long you think
before we hear something?
I don't know.
Jimmy's checking.
We're hoping
for an answer today.
Thank you.
I know you don't
like me much,
but...
I just want to say
thank you for...
you like being a lawyer?
For the most part.
You seem good at it.
Thank you.
How long does it take?
Sorry?
Law school.
Four years of college,
but how many years
for law school?
Three.
Seven years.
I've been thinking
of doing it.
I think I wanna be
a public defender.
You ever do that?
No.
That's what I think
I wanna do, help people.
That's what I'mma do.
(door opens)
They called us back.
The defendant's youth,
his relatively short
criminal history,
and his family circumstances
are mitigating factors
that certainly support us
pursuing a lesser sentence
than death.
However,
the reckless nature
of the crime,
the fact it furthered
drug trafficking,
its commission
so close to a school,
the enormous impact it had
on the victim's family.
These aggravating facts
also support us
filing death papers
and seeking to execute him.
Based on today's presentation,
the committee has voted
in this case
to seek life without
possibility of parole.
Heinous as this crime was,
we feel this criminal
does not deserve
to pay the ultimate price.
The committee's work
is done.
We're adjourned.
MR. EZEKIEL: God bless you
for your mercy.
God bless each one of you.
I almost cried.
I've sat in on so many
of those committees
from the other side,
but this time,
I just took off
all my clothes
and began to sing
as loud as I could.
Then I jumped up
on the table
and began a tap dance, naked.
So, how did you and Lindsay
become so disconnected?
You're such a profound
listener.
Sorry.
I was a little...
What were you
thinking about?
I never thought
I'd ever have an affair.
And here I am having one.
We're having dinner.
Like you say...
innocent.
Whether I kiss you
or sleep with you,
that only changes
the degree, Sarah.
I'm having dinner
with a woman
I'm attracted to.
Well, Bobby, I've committed
to the simple
friendship theory.
Why can't you?
Oh, come on.
You're here in the spirit
of simple friendship?
Why not?
The truth is I don't have
that many friends anymore.
I moved off to D. C.,
and now I'm back.
Most of my friends
have settled.
They have families.
I don't even have
a close girlfriend
that I can call up and say,
"Gee, I'm falling
for this great guy,
but he's married."
Scary stuff like that
it helps to have
somebody to talk to.
This is getting more dangerous
than I want it to.
I think I should go home.
Okay.
When did this come in?
Just now.
How can this be?
What happened?
The Attorney General rejected
the committee's recommendation.
What?
"Under orders of the Office
of the Attorney General,
the United States
Attorneys' Office
has filed a motion
to seek the execution
of your client,
Troy Ezekiel."
He can just overrule
the committee?
Here he is.
Talking about our case?
No. Just the death penalty
in general.
...the United States
Congress speaks,
they speak the voice
of the people
of this country,
and it's clear that America
is so concerned
about the safety
and security of its citizens
that certain crimes
against the people
of this country
have been designated
as death-eligible
by the Congress
of the United States,
signed into law by presidents.
MAN: Mr. Attorney General...
(sighs)
I'm sorry.
Listen, I, I...
I wanted you to stop it.
I wouldn't have had
the discipline
and the common sense
in the end,
so I'm glad.
I agree.
It's best we stop now
before it does get
too dangerous.
Excuse me.
Where the hell's my car?
MAN: It's coming.
It's just really important
that I get out of here.
(vehicle approaches)
Again, thanks for dinner.
Are you okay?
Sure, I'm fine.
Maybe we'll see
each other in court.
Yeah.
Bye.
Bye.
(engine revving)
(music playing)
YOUNG: Next on The Practice.
DOLE: I saw you kissing
Sarah Barker
outside an Italian
restaurant.
Given I do have a history,
maybe you should hide
the bullets
on those nights you plan
to commit adultery.
See the tape, and the wires
they're connected to bombs.
Anyone tries to come
in this room. Boom!
BERLUTI: Grace, what the hell
is going on here?
It gets crazier.
Check out the cannon.
My idea for a reality
television show,
How to Blow Up
A Network President.
(music playing)
WOMAN: You stinker!
(music playing)
on The Practice...
Why are you so angry?
DOLE: For pretending that
my husband's in love with me
when I know he's not.
Lindsay, for God's sake.
Of course I love you.
DOLE: Bobby,
when I started my own firm,
I think I was beginning
a process.
Process?
Of leaving you.
Oh, gee.
Oh, I'm sorry.
Bobby!
Oh, my God. Sarah?
How are you?
DONNELL: I'm great.
I thought you left Boston?
Well, I'm back.
Uh, DC summers
were too hot
and I'm at Wickham now,
private practice.
Wickham?
BARKER: Yes.
Well, that's a good firm.
BARKER: It is.
Bobby, what's going on?
Why are we having coffee?
Well, like you said,
to catch up and...
BARKER: Let's catch up then.
How's your marriage?
If you have
to think about it,
maybe you shouldn't be
having coffee
with a woman
you used to sleep with.
I'm very faithful.
Then maybe
you should make use
of this free time
and spend it with your wife.
(cellular phone rings)
Yo.
Zee.
No, it's not like that.
Look, I'm just saying things
are slow out here.
It's not an excuse.
I just...
(sighs) Yeah, I hear you.
No.
Hey, you'll get your money,
all right?
(gunshots)
(music playing)
REPORTER: But they believe
the shooting was drug-related.
The suspect, only 19 years old,
was arrested trying
to flee the scene.
In fact, police say
the Dorchester teen
was still holding
the murder weapon.
Police have identified
the victim
as 36-year-old Lauren Hayes.
Hayes,
a single mother of three,
was reportedly
walking her son to school.
As for the--
When did we get appointed?
The judge called
at 7:00.
Eugene and Jimmy
left an hour ago.
Helen Gamble drew the case.
Great.
REPORTER:
According to eyewitnesses,
the suspect, Troy Ezekiel,
just brandished the gun
and began firing.
It was an accident.
Slow down.
EZEKIEL: You need
to find Willie Brand.
He was the guy
I was shooting at.
I never meant
to hit that lady.
YOUNG: It really doesn't matter
who you were shooting at Troy,
if you--
He was gonna kill me.
That matters!
It matters to me.
Who was going to kill you?
Willie Brand.
He said if I sold
on his corner one more time,
he was gonna cap me.
Now, you need
to be chasing his ass down
instead of sitting here.
I don't need to be chasing
anybody's ass down.
So, this was
a drug-territory thing?
Yes.
Oh, what?
Did he reach for a gun
or point one at you?
What did he do?
Nothing.
But I wasn't about to wait.
He was gonna do it.
I know.
YOUNG: Okay.
No talking in the courtroom.
We'll meet here right
after the arraignment.
32777 Commonwealth
vs. Troy Ezekiel
on the charge of murder
in the first degree.
Excuse me, Your Honor,
but my client
hasn't been brought in yet.
Where is he?
DICKSON: I can answer that.
I apologize for the late notice,
Your Honor.
I'm Todd Dickson
from the Justice Department.
Troy Ezekiel
is now in federal custody.
What?
Since when?
A few minutes ago.
U.S. Marshals
just took him.
Again, I apologize
for the last-second confusion.
Took him on whose authority?
Judge Manella
of the United States
District Court for Boston.
She issued a writ
early this morning.
Is there a new charge?
Murder in the furtherance
of a drug enterprise.
And drug trafficking within
a thousand feet of a school.
Did you know about this?
Of course
I didn't know.
Did you see
my expression?
There are murders all the time
in that neighborhood.
The federal government
has never stepped in.
Jimmy, figure it out.
There can only be
one explanation.
Which is?
(sighs)
What can
the federal government do
that the state can't?
Oh, God.
What?
They can execute.
They're going
for the death penalty.
The death penalty?
Well, they haven't filed yet.
But we think
that's what this is about.
Hold on. They're gonna kill me
over an accident?
YOUNG: Oh, you did
kill somebody.
The fact that it was
the wrong person--
Why the hell
aren't you on my side?
Let's get something straight.
I'm your lawyer,
not your friend.
Now I remember you.
You came to my school
on some career-day crap.
You were cocky then,
and you still are.
Pity I didn't know better.
Look how we turned out.
I should've been
more like you.
You wanna see how tough you are
without a gun?
Go ahead.
Second thing
to get straight.
You a punk.
Drug dealer, murderer, punk,
which makes my job tougher.
But I'm gonna do my job
all the same.
All I need for you
is to do yours,
which basically means
to keep your mouth shut
and do as I tell you.
(music playing)
They're really going
for death?
Yes.
They are.
BARKER: What happens is
they form an Ad Hoc Committee.
Basically, what they do
is they walk around the office,
grab four
or five prosecutors,
whoever's there.
And that committee
decides whether or not
to go for death?
Pretty much.
The U. S. Attorney
makes a short presentation,
and then they vote.
Simple as that.
Sometimes they even do it
over sandwiches.
The problem is once they decide,
Bobby is right,
you can't appeal it.
Do we get to address
this committee?
Do you have the right to? No.
But sometimes they will invite
defense lawyers in
to hear what they have to say.
How do we get
such an invitation?
You cross your fingers.
Thank you.
Any other way?
DONNELL: Like someone
who used to work
in the justice department
could make a phone call?
Please.
This kid is a criminal,
no doubt,
but he doesn't deserve death.
I'll make a call.
Thank you.
Could I have a second
with Bobby?
What are you doing?
What?
Why am I here?
Because we needed--
BARKER: You don't have
any other connections
to the justice department?
Believe it or not.
No.
Mmm.
Hey.
Hey.
Um, Lindsay Dole, my wife.
Sarah Barker.
Hi.
Nice to meet you.
Do you want me
to wait or--
DONNELL:
Um, no, no.
I think--
We're done.
We're done. Yes.
DONNELL:
Thank you again for--
Everything I've done.
Yes.
Well, I will let you know
what the committee says.
Nice to meet you, Lindsay.
You too.
You okay?
Me?
You seem a little on tilt.
Oh, um, death-penalty case.
I'm a little rattled.
Ah.
Too rattled to eat?
No, no.
Let's go eat.
STRINGER: If you think about it,
these are exactly the criminals
they should execute.
How do you figure that?
STRINGER: Well,
if the death penalty exists
as a deterrent,
this is where it would be
the most effective.
You know, if people
get the message
you get careless
with a gun--
I think we should
just deport them.
He's an American, Lucy.
So what?
You kill somebody,
you lose citizenship.
Boom. Done.
What's wrong with that?
Hi.
Hi.
They're right in there.
Thank you.
Okay, you've got
your invitation.
10:00 tomorrow morning.
Thank you.
BERLUTI: Is there
a certain procedure or--
Not really.
The prosecution goes first,
then you.
Expect to get
about 10 minutes.
Now, look, don't waste it
arguing the elements.
The committee assumes guilt.
They assume
a first-degree conviction.
Their role is only
how to punish the convicted.
You mean what punishment
to recommend.
It's the jury who decides.
The jury may decide, Jimmy,
but if you look
at their track record,
when the feds ask for death,
they almost always get it.
YOUNG: Which means if we're
to save this kid's life--
You need to do it here.
DONNELL: What about
administrative rules?
I don't think you understand.
They pluck five prosecutors,
they put them in a room,
and they decide.
No rules,
no evidentiary procedure,
no due process.
You just make
the best case you can
that this kid deep down
is an angel.
We better get to work.
I'm still stuck on the why.
Why go after this kid?
BARKER: It isn't the kid, Jimmy.
It's the Commonwealth.
Ashcroft is trying
to bring the death penalty
into all of the States
that don't have it,
and Massachusetts
is on the top of his list.
So he's hauling state
murder cases into federal court?
YOUNG: Like I said,
we better get to work.
Thank you.
BARKER: No problem.
DONNELL: Sarah,
we really appreciate this.
Well, good luck with it.
You're gonna need it.
Listen, uh,
it's gonna be
a late night here,
and I don't know
if you have plans, but...
you wanna grab some dinner?
The reason
this is so important.
We have no defense.
The kid he was shooting at
it turns out
he had no weapon.
None of the witnesses saw him
make any threatening gestures
towards your son,
and Troy himself
told the police
that he didn't see him
reach for a gun.
So he's going to be convicted?
I'd be lying
if I said I thought otherwise,
which means
we need to convince them
not to go
for the death penalty.
A, because their decision
isn't subject to appeal,
and B, when they go
for the death penalty,
they usually get it.
My God.
My God.
YOUNG: Look, I'm not even sure
the committee will agree
to hear from you.
But if they do--
I did the best I could.
Troy's older brother,
he got into drugs.
Troy just followed suit,
I guess.
But I tried.
I tried.
(music playing)
DONNELL: So, now we're
in therapy and--
I don't know.
I hope it helps, but...
hello?
I'm here.
Well, maybe
you can say something.
Okay. I can't believe
we're sitting here,
doing this.
How's that?
Doing what?
We're having dinner.
Oh, we're having dinner.
Okay.
What do you think
we're doing?
Bobby, this is foreplay.
Excuse me?
BARKER: Well, we did 10 minutes
on my lousy marriage,
20 minutes
on how your wife
really doesn't
understand you.
This is foreplay
for infidelity.
It isn't even original.
I have no plans
for being unfaithful to my--
BARKER: Yes, you do.
You're probably too good
of a guy to actually do it,
but just allowing
for the possibility.
You're wrong.
I'm having dinner
with an old friend,
period.
Fine.
DONNELL: You know,
you make it seem like
I'm trying to orchestrate
something here,
but here you sit.
BARKER: You brought me out
on a case.
DONNELL: Which doesn't obligate
you to dinner,
but here you sit.
Okay, you're right.
I plead guilty.
So, you're up, Bobby.
I made my admission.
I'm here because I find it
a little exciting
to be having dinner with a man
I used to make love to.
I'm not innocent.
What's your story?
I'll tell you your story.
You feel lonely.
You feel Lindsay's responsible
for that loneliness,
and so that somehow justifies
you going out to enjoy
some simple company
with a friend.
Lindsay shut you out.
She drove you
to this dinner in a way.
Isn't that the way it goes?
Of course, you'd never let it go
anywhere with me,
because you're faithful.
It's a friendship,
completely innocent.
If anything were
to happen, well,
it would have to be me.
Always was a bit
of a risk-taker, that crazy me.
You're safe, Bobby.
I'm not sure
it's what you want,
but you're safe.
This will be a dinner,
nothing more.
Once you get the names
of the committee members,
call me.
I'll give you the rundown.
Okay.
This is me right here, 207.
(sighs)
Again,
thanks for all your help.
My pleasure
and thank you for dinner.
If you're ever single again,
call me.
I don't have plans
to be single again.
Good night, Bobby.
Night.
(car door opens)
(car door closes)
(music playing)
Did you kiss her back?
No!
And she didn't really kiss me.
It was just
a good-night--
Why were you having dinner
with her?
I don't know.
You all say I crave isolation.
I think a part
of me needed--
WASHINGTON: Don't give me
that crap!
You're just looking
to pop your hot dog.
Rebecca.
"I'm lonely,
I'm misunderstood? "
Why are you even
telling me this?
I'll tell you why.
You're looking to clear
your little conscience
and not get caught.
You should be telling Lindsay
if you're angry, not me,
and certainly
not that slut Sarah.
Everything's just black
and white with you, isn't it?
This is.
You don't go having dinner
with ex-girlfriends.
You're married.
(projector clicks)
DICKSON:
This is how Troy Ezekiel
looked that morning.
This is the man
who killed Lauren Hayes,
not the cleaned-up version
they brought in here today.
What you're getting now
is a copy
of Mr. Ezekiel's rap sheet.
It shows two convictions
for cocaine possession.
Those were misdemeanor arrests?
The first one, that's correct.
And as you can see,
he was given a break.
Instead of jail,
the court ordered treatment.
Eighteen months later,
he was arrested again.
This time with twice
the amount of drugs.
And again, he was allowed
to plead to a misdemeanor.
How long did he serve?
Ninety days,
which was light
given that he was already
a seller.
Mr. Dickson,
let's get to the crime, please.
DICKSON: This map shows
the path taken by the defendant.
As you can see,
he started firing at will here.
His intended target,
a rival dealer,
managed to get away
without being hit,
but not before the defendant
emptied his clip,
shooting 11 rounds
onto a crowded street
less than two blocks away
from a school.
He didn't care
who or what he hit.
She was 36 years old.
She had three children
she supported alone.
She was a good woman,
a good mother,
gone now and forever.
Lauren Hayes
didn't deserve to die.
Troy Ezekiel does.
This is Lauren Hayes' son.
I'd like you
to hear from him.
Did it go that well?
They heard from the son.
The son?
Of the victim.
It was pretty
devastating.
YOUNG: Bobby, Sarah Barker,
could you persuade her
to join our defense?
What?
Why?
YOUNG: Well, one problem
we have,
Dickson knows
all the committee members.
They're colleagues.
Jimmy and I are just
your basic defense attorneys.
We have no real credibility
with them.
We thought since Sarah
used to work in that office--
DONNELL:
That was many years ago.
YOUNG: Even so,
it couldn't hurt.
And right now,
things don't look good.
Could you ask her?
WASHINGTON: I don't think
that's a good idea.
No, I don't. Uh-uh.
YOUNG: Well, I do.
Bobby, we need some help here.
I mean, if she could just
so much as be at our table.
You're joking.
DONNELL: It wasn't my idea.
I promise you it wasn't.
Well, exactly
what do they want me to do?
Just join them.
Be in the room with them.
This wouldn't be you
inventing a way
to be in a room with me?
I give you my word.
No.
This comes from Eugene.
You know a lot of these
committee members.
It might help.
We don't want to hear
from his father.
Why not?
Mr. Young, this committee
is already indulging you
just by allowing you
to be here.
You heard
from the victim's son.
Why can't--
McNALLY: Look,
if you wanna give Troy
a chance to speak, fine,
but we're not going to turn this
into a hearing.
We're just asking
for two minutes.
The time for his father
to talk would be at sentencing.
We're just asking for--
The answer is no, Counsel.
You said you'd be willing
to hear from Troy?
Briefly.
Let us do that then.
Hold on.
Give us a short break
to talk it over.
I don't need to talk that over.
Eugene.
A short break.
It's insane
to let him talk.
We'd be offering up
free discovery.
That's why they're willing
to hear from him.
We might as well gift wrap
the conviction.
Eugene...
you need to work on your tone.
Now, normally,
I would agree.
But here,
the conviction is a done deal.
He opened fire
on a crowded street
in front of witnesses.
The victim couldn't possibly
be more sympathetic,
and his own statement
to the police supplies
motive and intent.
There's nothing to lose here
and his life to gain.
This is the problem
when you bring me in
on things, guys.
I have opinions.
(knocks on door)
Lindsay, hey.
Hey. What's up?
Nothing.
I just thought I'd, uh...
say hi.
Oh.
Hi.
It's, you know,
since we don't work
side by side anymore,
I thought that could be
one of the reasons that...
I just thought it'd be good
to check in with each other
during the day.
Oh.
Good idea.
(sighs)
You know,
I try to come in and connect,
and you give back
nothing, Lindsay.
Can we talk about this
at home?
But we don't talk at home.
By the time we get Bobby
to bed and--
(sighs)
(door slams)
Dealing is the first thing
I was ever good at.
I never used.
I never skimmed
from the bosses.
I made more money
than any other corner.
I was so good at it
I started having problems.
What kind of problems?
Competition problems.
Some of the other dealers
got word
that I was making
big numbers,
so they started coming around
giving me trouble.
So you thought your life
was in danger?
No. I knew it was.
I know these people.
They don't play around.
So I called a friend,
and he fixed me up with a 9.
The next day I saw Willie.
I swear,
I never meant to kill
that lady.
When I saw what happened,
I couldn't even breathe.
I'm sorry.
I don't know
what else to say.
McNALLY: You've been
a drug dealer
for the last four years?
Yes.
You've been arrested
more than a dozen times.
Well, the fact
that he was arrested
doesn't prove
he did anything.
It proves your client's
a career criminal, Mr. Young.
He started at possession,
then escalated to sale,
and now he's graduated
to murder.
That was an accident.
McNALLY: Yes.
You killed the wrong person.
I understand.
You were trying to kill
somebody else.
No, I already told you that
I didn't have a choice.
It seems to me you had a choice
to walk away from that corner.
If you were worried
about your safety,
why didn't you quit?
I don't know.
Look...
Mr. Young told me
I need to be honest,
and I'm doing that.
I'm guilty.
I killed that woman,
and it was wrong.
I know I got no excuses.
I chose my life.
But I don't think
that it's unfair to say
that I didn't get a lot
of breaks
in my life.
It was hard growing up.
It was hard ever since.
I'm 19 years old.
I know that I made a lot
of mistakes.
And I know I got to pay
for what I did,
but I just don't think
I should have to die for it.
Yeah, maybe I got no right
to say that.
I'm just asking you...
I'm just asking you to...
I'm just asking you
to give me a chance.
(music playing)
Lindsay.
Hey. What's Bobby up to?
Why are you asking me?
I, I, I mean,
what makes you think
he's even up to something?
I mean, I, I haven't
noticed him
being up to something.
Anybody here think
Bobby's up to something?
See? Nobody.
Is he here?
He's in his office,
but I don't think
he's up to anything.
Listen.
I know you're trying
to make an effort.
And, um...
it's been months,
you know, and--
Lindsay.
You're not in love with me.
You can say it.
I love you, Bobby.
But, I don't know.
It's just--it seems with,
with everything
that I've been through,
I, I guess I feel..
a little emotionally depleted.
And what little I have
I give to our son,
and...
it seems...
I have nothing left.
You said that in starting
your own firm.
you were beginning a process
of leaving me.
Where are you in that process?
I want us to make it.
I so desperately
want us to make it.
(music playing)
DICKSON: Personally,
I'm tired of the smug morality
of death-penalty opponents.
It's easy to be for life.
What's tough is to stand
for what's right.
What's hard is to do
the dirty work
of dealing with those
who have no regard
for the lives of others.
We blame poverty
for their crimes,
the fact that their parents
didn't love them enough,
the media.
We even blame ourselves.
We've become so weak
and morally uncertain
that we can't even
come together
to punish those who kill us.
Today,
I stand
for the silent dead.
Lauren Hayes can't speak
for herself,
but her blood cries out.
Do justice to Troy Ezekiel.
He took her life,
her future,
all that she was
or will ever be,
and he took even more than that.
He took her sons' futures.
He sentenced them
to a life of foster homes,
and uncertainty,
and pain.
Make no mistake,
there was more than
one victim there.
Those boys are victims, too.
Like me, you men
are prosecutors.
Our duty is to protect
society.
Executing Troy Ezekiel
will affirm that we as a people
are prepared to bear
any ethical burden
and bear any moral cost
to defend our citizens
and our way of life.
God help us.
If we're not strong enough
to do that anymore.
Up until now you've heard
mainly from Eugene Young.
I'd like you to hear
from me now.
Personally,
I've always been
pro-death penalty.
In the last few years,
I've switched.
Mainly on grounds
of humanity,
but also on grounds
the reality that the system
is so fundamentally flawed.
More than a hundred
death-row inmates
have been cleared
and released.
Who knows how many
innocent people
we've killed.
Mr. Berluti,
for the sake of this hearing
we assume guilt.
And even if we didn't,
are you really
suggesting to us
that Troy Ezekiel
is innocent?
I'm suggesting to you
that the system
of capital punishment
is broken.
How people get on death row
is suspect,
and it's suspect here.
How so?
This is politics.
The fact is
if we had a Democrat
in the white house,
none of us
would be here today,
not on these facts,
especially in a state
that doesn't have
the death penalty.
But now everything
is different.
Under this administration,
we do it all the time.
We've sought more executions
in the last six months
than Bill Clinton did
in the last eight years.
What kind of system allows
that to happen,
where the same crime,
the same criminal
is treated differently
based on who's in office?
One gets to live,
one gets to die.
I'd advise you to excise
the political
commentary, Counsel,
and just stick to Troy Ezekiel.
The death penalty
is the greatest
punishment we have.
It's reserved for the most
vicious criminals.
It's the remedy we use
for the worst of the worst.
That's not Troy Ezekiel,
and you know it.
He needs to be punished.
He's ready for that.
That's why we came here today.
That's why Troy answered
all your questions
and in the process,
guaranteed himself a conviction.
He knows his life
is in your hands.
The decision the five
of you make today
is about much more
than the fate of my client.
It's about the character
of this committee.
It's about the integrity
of this system.
He's a boy.
You can't seek to kill him
and tell me politics
isn't in play.
(music playing)
How long you think
before we hear something?
I don't know.
Jimmy's checking.
We're hoping
for an answer today.
Thank you.
I know you don't
like me much,
but...
I just want to say
thank you for...
you like being a lawyer?
For the most part.
You seem good at it.
Thank you.
How long does it take?
Sorry?
Law school.
Four years of college,
but how many years
for law school?
Three.
Seven years.
I've been thinking
of doing it.
I think I wanna be
a public defender.
You ever do that?
No.
That's what I think
I wanna do, help people.
That's what I'mma do.
(door opens)
They called us back.
The defendant's youth,
his relatively short
criminal history,
and his family circumstances
are mitigating factors
that certainly support us
pursuing a lesser sentence
than death.
However,
the reckless nature
of the crime,
the fact it furthered
drug trafficking,
its commission
so close to a school,
the enormous impact it had
on the victim's family.
These aggravating facts
also support us
filing death papers
and seeking to execute him.
Based on today's presentation,
the committee has voted
in this case
to seek life without
possibility of parole.
Heinous as this crime was,
we feel this criminal
does not deserve
to pay the ultimate price.
The committee's work
is done.
We're adjourned.
MR. EZEKIEL: God bless you
for your mercy.
God bless each one of you.
I almost cried.
I've sat in on so many
of those committees
from the other side,
but this time,
I just took off
all my clothes
and began to sing
as loud as I could.
Then I jumped up
on the table
and began a tap dance, naked.
So, how did you and Lindsay
become so disconnected?
You're such a profound
listener.
Sorry.
I was a little...
What were you
thinking about?
I never thought
I'd ever have an affair.
And here I am having one.
We're having dinner.
Like you say...
innocent.
Whether I kiss you
or sleep with you,
that only changes
the degree, Sarah.
I'm having dinner
with a woman
I'm attracted to.
Well, Bobby, I've committed
to the simple
friendship theory.
Why can't you?
Oh, come on.
You're here in the spirit
of simple friendship?
Why not?
The truth is I don't have
that many friends anymore.
I moved off to D. C.,
and now I'm back.
Most of my friends
have settled.
They have families.
I don't even have
a close girlfriend
that I can call up and say,
"Gee, I'm falling
for this great guy,
but he's married."
Scary stuff like that
it helps to have
somebody to talk to.
This is getting more dangerous
than I want it to.
I think I should go home.
Okay.
When did this come in?
Just now.
How can this be?
What happened?
The Attorney General rejected
the committee's recommendation.
What?
"Under orders of the Office
of the Attorney General,
the United States
Attorneys' Office
has filed a motion
to seek the execution
of your client,
Troy Ezekiel."
He can just overrule
the committee?
Here he is.
Talking about our case?
No. Just the death penalty
in general.
...the United States
Congress speaks,
they speak the voice
of the people
of this country,
and it's clear that America
is so concerned
about the safety
and security of its citizens
that certain crimes
against the people
of this country
have been designated
as death-eligible
by the Congress
of the United States,
signed into law by presidents.
MAN: Mr. Attorney General...
(sighs)
I'm sorry.
Listen, I, I...
I wanted you to stop it.
I wouldn't have had
the discipline
and the common sense
in the end,
so I'm glad.
I agree.
It's best we stop now
before it does get
too dangerous.
Excuse me.
Where the hell's my car?
MAN: It's coming.
It's just really important
that I get out of here.
(vehicle approaches)
Again, thanks for dinner.
Are you okay?
Sure, I'm fine.
Maybe we'll see
each other in court.
Yeah.
Bye.
Bye.
(engine revving)
(music playing)
YOUNG: Next on The Practice.
DOLE: I saw you kissing
Sarah Barker
outside an Italian
restaurant.
Given I do have a history,
maybe you should hide
the bullets
on those nights you plan
to commit adultery.
See the tape, and the wires
they're connected to bombs.
Anyone tries to come
in this room. Boom!
BERLUTI: Grace, what the hell
is going on here?
It gets crazier.
Check out the cannon.
My idea for a reality
television show,
How to Blow Up
A Network President.
(music playing)
WOMAN: You stinker!
(music playing)